The terms below are incorporated into, and form an integral part of, the NUTS Terms of Service "https://www.nutstechnologies.com/terms-of-service". Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.
1. You agree that the Software is only intended for manual use, and you will not access the Software through the use of any “bots” or other software applications that may be used to perform automated tasks or scripts. You will not “scrape” the Software or otherwise use any data mining, robots, or similar data gathering or extraction methods in connection with the Software, and you will not use the Software with automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, or any other data or code for detecting malicious code or data.
2. You will not (i) link to, mirror or frame any portion of the Software; or (ii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Software or unduly burdening or hindering the operation and/or functionality of any aspect of the Software.
3. You will not submit or transmit to, through or in connection with the Software: (i) any unlawful, inaccurate, misleading, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, racist, or otherwise harmful or objectionable content of any kind (including, but not limited to, any content that depicts nudity, sexual conduct or violence); (ii) any content that infringes upon any third party right (including, but not limited to, any copyright, trademark, right of publicity or privacy, or any other intellectual property or similar rights, as well as rights associated with any recognizable name, voice, person, or image (collectively “Third Party IP”)); (iii) any unsolicited commercial messages, spam, bulk communications, chain letters, or pyramid schemes; (iv) any virus, Trojan horse, worm, time bomb, trap door, disabling code, malware, or other computer programming device the purpose of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, otherwise harm, misdirect or impede in any manner any computer, software, hardware, firmware, system, or network; (v) any content which may constitute or encourage conduct that is fraudulent, a criminal offense or civil wrong or otherwise violates any Applicable Law; or (vi) any content which contains any disabling mechanism or protection feature designed to prevent its use by NUTS in the manner contemplated in the Terms, or which would otherwise render inaccessible or impair the use thereof in any manner. NUTS may remove or block access to Your Content upon receipt of notice of copyright infringement or violation by Your Content of the Terms.
4. You will not dilute, tarnish or otherwise harm the Software or NUTS’ brand in any way, including through unauthorized use of Materials, registering and/or using “NUTS” or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to NUTS’s domains, trademarks, taglines, promotional campaigns or Materials.
5. In your use of the Materials, you will not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior.
6. While accessing or using the Software, you will not impersonate any Person, make any false statement regarding any Person (including but not limited to, any Person’s employment, agency or affiliation with any other Person), or create false identities for any reason. Forging, misrepresenting, omitting, or deleting message headers, return mailing information, and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited. NUTS does not allow the use of anonymous proxy scripts on its servers. You will not access or copy any portion of the Software through any automated viewing, downloading or crawling systems.
7. You will not take any action that imposes (or may impose, as determined by NUTS in its sole discretion) an unreasonable or disproportionately large load on any servers or other infrastructure underlying the Software, and you will not use the Software in any way that causes (or is likely to cause, as determined by NUTS in its sole discretion) the Software or access to or use of it to be interrupted, interfered with, damaged or impaired in any way, including but not limited to any use of the Software that in any way interferes with or disrupts NUTS’ ability to provide the Software or any User’s ability to access the Software.
8. You will not (i) use the Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; (ii) sell, lend, rent, resell, lease, sublicense or otherwise transfer to any third party or commercialize any Materials or any of the rights granted to you by NUTS in connection therewith; (iii) access or use the Software in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas; or (iv) except with respect to retrieval of Your Content, download or copy any Materials from the Software for your own benefit or for the benefit of another Person.
9. You will not use, modify, duplicate, print, transmit or distribute in any manner any Materials viewed, accessed or provided on the Software except as expressly permitted by the Terms and solely for your own use.
10. You will not attempt to gain access to the Software, other Users’ accounts, or any computer systems or networks connected to the Software through hacking, password mining, illegally or without authorization accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, conducting port scans, stealth scans, or by undertaking other similar activities.
11. You will not use any meta tags or any other “hidden text” utilizing any of NUTS’ names or trademarks without NUTS’ express written consent.
12. You will: (i) ensure that Your Content (including the storage or transmission thereof) complies with the Terms and any and all Applicable Laws; (ii) promptly handle and resolve any notices and claims relating to Your Content, including any notices sent to you by any Person claiming that any of Your Content violates any Third Party IP rights and any other notices; and (iii) maintain appropriate security, protection and backup copies of Your Content, which may include, your use of additional encryption technology to protect Your Content from unauthorized access.
13. If after you submit Your Content through the Software, you receive any notice or otherwise learn in any way that any of the representations made by you in the Terms were not accurate, complete and not misleading in all material respects or no longer are accurate, complete and not misleading in all material respects or of any claim by a third party to the effect of the foregoing, you will promptly provide NUTS with written notice of all relevant facts regarding the same and if appropriate, remove Your Content from the Software.
14. Engaging in any activity that, in NUTS’ discretion, actually or potentially disrupts, interferes with, competes with, or is harmful to the Software, NUTS’ business, reputation, goodwill, customers and/or customer relations, or the ability of NUTS customers to effectively use the Software, is prohibited. Your failure to cooperate with NUTS in correcting or preventing violations of the Terms by, or that result from the activity of, Your Users constitutes a violation of the Terms by you.